HomeMy WebLinkAboutScentsy Campus H-2021-0002 Findings Item#11.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�'
AND DECISION& ORDER
In the Matter of the Request for Modification to Existing Development Agreement (Inst.
#111052691) to include subject parcel into the Scentsy Campus Development Agreement,
expand the allowed uses of the development agreement to include light industrial uses, and
update approved concept site plan and elevations, by Sam Johnson, Hotl LLP.
Case No(s). H-2021-0002
For the City Council Hearing Date of: February 23, 2021 (Findings on March 9, 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 23, 2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of February 23,2021,incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 23,
2021,incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 23,2021 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17, 2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SCENTSY CAMPUS-MDA—H-2021-0002 Page 192
Item#11.
7. That this approval is subject to the terms all in the attached Staff Report for the hearing date of
February 23,2021, incorporated by reference. The terms are concluded to be reasonable and the
applicant shall meet such requirements.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a modification to include the subject parcel into existing
Development Agreement(Inst. #111052691), expand the allowed uses of the development
agreement to include warehouse uses, and update approved concept site plan and elevations is
hereby approved per the provisions in the Staff Report for the hearing date of February 23,
2021, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight(28)days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67,Idaho Code.
F. Attached: Staff Report for the hearing date of February 23,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SCENTSY CAMPUS-MDA—H-2021-0002 Page 193
Item#11.
By action of the City Council at its regular meeting held on the 9th day of March
2021
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 3-9-2021
Attest:
Chris Johnson 3-9-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 3-9-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SCENTSY CAMPUS-MDA—H-2021-0002 Page 194
►tem#". EXHIBIT A
STAFF REPORT E IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 2/23/2021 Legend
DATE:
leiPro}ect LccafHm
TO: Mayor&City Council L
FROM: Alan Tiefenbach,Associate Planner
208-489-0573
SUBJECT: MDA H-2021-0002
Scentsy Campus-MDA _
LOCATION: The site is located at 2499 E. Pine Ave,at
the southwest corner of E. Pine Ave. and
N. Hickory Ave.,in the SE '/4 of Section ;
8, Township 3N,Range I E. _
i I I
I. PROJECT DESCRIPTION ^'
Modification to existing Development Agreement(Inst. #I 11052691)to include subject parcel into
the Scentsy Campus Development Agreement, expand the allowed uses of the development
agreement to include light industrial uses, and update approved concept site plan and elevations.
II. SUMMARY OF REPORT
A. Applicant/Representative:
Sam Johnson—2701 E. Pine Ave,Meridian, ID 83642
B. Owner:
Sam Johnson,Hotl LLP, 2701 E.Pine Ave,Meridian, ID 83642
III. STAFF ANALYSIS
History
In 2007, 94.69 acres of land was annexed into the City, combined with an additional 75.67 acres of
land and rezoned to General Retail and Service Commercial (C-G). All 170.36 acres was then platted
into 61 lots as the Pinebridge Subdivision(AZ 07-006,RZ 07-010,PP 07-008).This included the 11.74-
acre subject property. A development agreement (Pinebridge DA Instr.108022893) was recorded as
part of the annexation.
In 2010, a development agreement modification was approved for 35 +/- acres of the Pinebridge
Subdivision (Scentsy Campus MDA 10-010, Instr.111052691). This was requested on behalf of
Scentsy to develop a distribution center and corporate campus. The DA included modifications to the
allowed uses, a conceptual site plan and elevations. The distribution center and office tower have been
subsequently built out in 2010 and 2011 (CZC 10-078 and CZC 11-051).
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In 2012, the applicant purchased the 11.75-acre subject property and included it into a new plat of 7
commercial lots specifically for Scensty,the Scentsy Commons Plat.Because the subject property was
purchased and replatted into this subdivision after the Scentsy Campus development agreement
modification, it is still part of the Pinebridge Development Agreement.
In November of 2020,the applicant requested a pre-application meeting to discuss the construction of
an approximately 211,000 sq. ft. warehouse building on the subject property. Because the property is
zoned C-G under the Pinebridge DA, warehouse uses are not allowed as a principally-permitted use.
Staff recommended the applicant modify the existing Scentsy Campus DA to include the subject
property and expand the allowed uses to include light industrial uses in this location. The DA
modification also proposes a new concept plan which includes the two existing buildings that were
constructed in 2011 and 2012 as well as reflects the location of two future buildings. Elevations
illustrating conceptual building architecture have also been submitted to replace existing elevations.
Staff Analysis of Proposal to Modify Development Agreement
a. Use
All of the properties within the Scentsy Campus Development Agreement are zoned General
Retail and Service Commercial District(C-G). The applicant proposes to add"light industrial
use"as a principally permitted use to the development agreement.
The purpose of this modification is to allow warehouse uses as a principally-permitted use for
the onsite storage of raw materials and finished goods, whereas it is only allowed as an
accessory use in C-G. The warehouse and office use intended in the new building would be
integral to and complementary of the distribution center and office towers that have already
been constructed,as well as the warehouse uses to the south on the other side of E.Commercial
Street. As the property is a manufacturing and distribution center, within an intensely
commercial area surrounded by I-L uses on three sides,and more than 500 feet from the nearest
residential zoning (R-40), staff finds this is an appropriate use. However, staff believes
additional clarification is necessary as the proposed DA amendment allows "light industrial."
Light industrial"is not just specifically warehouse uses.Allowing everything permitted in light
industrial would allow additional uses such as public utilities, indoor and outside storage
facilities, freight and truck terminals,vehicle impound and repair, and indoor shooting ranges.
Staff recommends revising 4.1 (uses allowed) to read "warehouse uses" rather than light
industrial.
b. Concept Plan
The existing DA references a concept plan that was submitted in 2010. The Scentsy Campus
as it has subsequently built out substantially conforms to the site plan,except the subject parcel
being included into this present DA modification was not included, and what was shown as a
future pad site at the northeast corner of the properties has been developed as open space. The
applicant has already submitted a certificate of zoning compliance (CZC) for the future
warehouse pending approval of this DA modification,and the existing development,proposed
CZC and updated site plan are consistent. Staff supports this amendment.
c. Elevations
The existing DA references black and white elevations that were submitted in 2010. The
existing distribution center and office tower substantially conform to the elevations. The
updated color elevations as submitted reflect the architecture of the existing development and
the proposed warehouse, although staff did make some minor comments during preliminary
review of the CZC regarding rooflines, additional architectural features and modulation. Staff
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EXH I BIT A
believes the revised elevations as submitted would reflect the general architectural character of
the existing Scentsy Campus.
IV. DECISION
A. Staff:
Staff recommends the City Council approve the following amendment to Development
Agreement#111052691 with the revision recommended by staff as shown on Exhibit A dated
1/11/21.
B. The Meridian City Council heard these items on February 23, 2021.At the public hearing.the
Council moved to approve the subject development agreement modification request.
1. Summary of the City Council public hearin_e_:
a. In favor: Sam Johnson
b. In opposition:None
C. Commenting:None
d. Written testimony:None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony_ :
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. None
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►tem#". EXHIBIT A
V. EXHIBITS
A. Proposed Revisions to Development Agreement(date 1/11/21:)
DEVELOP -NT AGRIE EhEE-- T
PARTIES: 1. City of Idi m
H.O.T. 1,U.GILLP, OwuerDe eloper
THIS DE.VE LOP- Eh'T AGREEMENT (this ,fig ment), i� made and entered into
this day of 202 i. by and bet?:een City-ofMeridian, a unruxic ipal
corporation of the State of Idaho, hereafter -called CITE_ and H_O.T. 1, Lam_ whose
address is 499 9. 6ms&1701 E. Pine Ave, Meridian, ID 836424, herea�r called
O -ER+DEVELOPER
I. REC ITALS-
1.1 WHEREAS, Owner is the s ole mwnei_ im law and or equity-_ of certain
tract of rand in the C4=ky of Ada? State of Idaho_ described in Exhibit
'LA",which is am-shed hereto and by this refe€ence incorporated herein as
if set forth in full, herein after referred to as the Property; and
1.2 WHEREAS. I.C. § 6 7-6511A- Idaho Code. provides that cities may..by
ordinance. require or permit as a condition of re-zoning that the u �
Developer make a written con mitineut concerning the use or
development of the subject Propel and
1.3 WHERF--iS,De%Tk,ea has submairted an application fora Modilcation
of the Development Agreement dated 2-28-08_ instnmmutV 108022893
(Pinebndae DA)and Modification cp L e D-velok}meur Ameement dated
6-30-11. iustn memr# 111052691 (HOT 1 D fi); and
1.4 WHEREAS, (hmerq)e%,eioper made iepreseutations at the public
hearing before the Meridian Uy Council: as to bore•the subject Pr-operty
M11 be developed and what improvements will be made; and
_. ;4z ram _ Gety ft5d G tiTi &6ela L,2"`a to thfft -EeFt''rsa
n 9 1.43
1.6 WHEREAS. City and Owner/Dmx lcpei now desire to remove a portion
of land referred to as Exhibit `AA' from the original De,'elopment
Agreement, and add Said land to the HOT l Deyelolmaen�A gTeL
•hich
EErELOMENT AGREE=— PAGE I-OF 9-
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Item#11.
terms have been approved by the Meridian City Coun J in accordance
with Idaho Code Section.67-6511.
1.7 WHEREAS, record of the proceedings for the requested development
agreement modification for the subject Property held the City Councal,
include respouse3 ofgovernment subdivismOns providing semki eswithin
the City of Moidian planning iunsdictim and received further testimony
and comoemk and
L S 111MRL IS_ City Council, the 4AL day of Jami%i5-_ . has approve d
Findings of Fact and Cmchudons of Law and Decision and Order_ set
forth in Exhibit B. which are ai#a,ched hereto and by this �terent e
incorporated herein as if set forth i4 fill_ hereinafter rued ro as (the
Findings); and
1.9 WHIRE S.the Findings of Fact and Conclusions of Law and De Lsion
and Order Mires the Omer.-Developer to enter into a development
agreeme,t to reflect the change of mmership in the snb�ecr property-and
1.10 OW ER+DEE-ELOPER demos it to be in its best interest to be able to
enter into this Aizreement and acl-nowledges that this Agreement );-as
entered mto voluntarily and at its urging and requests; and
1.11 �IMRL IS, Ciry requires the O r eloper to enter into a
dew elopma,ent agireemew for the puapose of ens=E than the Property is
developed and the subsequent use of fe Property i, in accordance with
the terms and comhlions of this development agreement, herein being
established in accordance with#lie amended Comprehensniv Pian ofthLe
City of Meeirdian adopted kugust fi,W.,ResolutiouNa.W.382,and the
Zoning and Development 4rdivances codified in Meridian Unified
Development Code_Title 11.
NOW,THEREFORE.in consideration of the covenants and conditions set forth
bereig- the parties agree as follow,:
?. L;C Ol OR-ITION OF RECrr--kLS: That the above recitals are contrmtual
and binding aid are inc and&rated herein as if set forth in full.
3. DETIEN TONS: For aIlpurposes of this Agreement the folio r words_terms.
and phrases herein coubi and in this section ,hall be defined and interpreted as h,ereinprovide-d
for. unless the clear context of the presentation of the s asp requiEes otherwise:
3.1 CITI: means and refers to the City of Dietician, a party to this
Agreement, which is a m m-cLpa3 Corporation and goverament
subdivision of the state of Idaho_orgamed and exiistng by iutue of law
DEJ,LC --%-I AGREEWEbU—SC£tvT 49"4 -Gib) PAGE 2 OF 9
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Item#11.
of the State of Icbha. v hose address is 33 East Broadway Aveme,
Staff recommends Meridian_ Idaho 23 2_
this be revised to
read""warehouse 3-2 OWN'�MDEVEELOPER; mews and refers to H.G.T_ 1,ELLPA;,
uses are allowed as 2701 E. pMe Ave. I1eri M 93642.
a principally the party that is do eloping said Property and shall iucbade any
permitted use subsequent developer(s) of the Property,.
within the C-G
zone." 3.3 PROPERTY: means anal refers to that certain parcel(s) of Property
located in the Cry of Ada. City of Meridian as described in Exhibit A
describing the parcels to be zoned C-G(Gemeral Commercial District)
attached hereto andby this reference =' rporatedherein as if set forth at
lengtk
USES PER LfITTED BY THIS _ GREE'MEN T:
4.1 The n,es allowed pursuant to t�us Agreement are only those uses allowed
under Citv's Zoning Ord nonce codified at Meridian Unified
Development Code § 11-2B-2 and- per this agr w.mt_ light-industrial
use is allowed as a Pri.Qci-pall-'Permitted use within the C-0 zme.
4.2 No change in the uses specified in this Affr+enaent shag be allowed
-Without nmxhficadon of this Azreenifid.
S. CG-'DTIIG'NTS VER TG DEVELOP EN7 OF SUBJECT
PROPERTY:
5.1. Owner+ -eloper shall develop the Property in accordance with the
follcNing special conditions:
1. Development of the property shall subst~antiaily-comply Aith the conceptual
site plan and elevation submitted with the subject application and the
Concepts outlined belDw.
3. The fbllm ing concepts shall be employed in the de,-elvpmment of the
property-:
a. general mass'ing
of buildings, roundabouts and landscape islands irz
streets shall be constructed as generally show on the camcephW site
Plan Fi e4� TA. ire., dated -- 1- .
b. Pedestrian connections shall be comtructed between buildings in the
forma of pathways dis>iished from vehicular driving surfaces tbrmw
the use of pavers, colored or spored concrete, or bricks;
c Common areas with site anlenides Vie.,p slcow t ands_water featares,
picnic areas, flower gardens. public an. etc.) are eneownged as be
included within the development_
M- VELC TrAGREEMENT-SC£tvTM PAGE;GF S;
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Item#11. r X H I I7 I T A
d_ Extmor building veal should demonm-ate the appearance of high-
quality materials of stone, brick_ wood, or other native materials
(acceptable materials include tinted or texhued masonry-block_textured
or painted architecttual concrete panels_or stucco or stucco like synthetic
materials_ Smooth faced concrete block_ tilt-up concrete panels_ or
prefabricated steelpanels are acceptable with theaddition ofpmnt andror
higb-q�ality accent materials.
e_ The building design shall incorporate at least 2 changes in one or a
combination of the follo%&mg: color_ texture and materials;
£ Reoflmes shall demonstrate 2 or more of the f011ou7ng: mTrhang*
ea-Ts_sloped roofs:two or more roof planes:var}ine parapet heigbN and
COMM'
g- The pnniacy building mtrantes shall be clearly defMed by the
arclutecttyal desipi of the building.
h. Buildings will be constricted in the order they are generally listed on the
conceptual site plan(A}B,C,etc.)
c
6_ C'01JT1J_kNC'E PERIGWCO SENTY TO REZONE:Tins Agreement and the
conwutmerds contained herein shall be to miinated,and the zoning designation reversed,upon an
uncured material default of the 0-%uer -eloper or 0wnerfEk%,eloper-s heirs_ successors,
assigns_ to comply Mth Section 5 entitled -Condition. Gm erning Developnumt of Subject
Property of this agreem t within two ye-ars of the date this Aaeernent is effective, and after
the City has complied with the notice and hearing procedures as outlined in Idabo Code§ 67-
6509, or any subsequent amendments or recodifications t]iereof.
7. I]FF XEL C OINSENT TO DE-AX-NE LTIO -A-N-D REVERS U OF
ZONP GDE IGNATIO'ti:
7.1 Acts of Default. Ei#herparty's failirre to 5it.I fullyeaniplywith at of the
terius and conditions included in this A_zreenient shall constitute default
under this Agreement.
7_2 Notice and Cure Period. In the event of Ommer,IDeveloper's default of
this Agreement. Owner-Developer shall ]rare thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default_which action must be prosecuted
wAb diligence and completed witlim one himdred eighty (180) days:
pro,Lided. however_ that in the case of any such default that cannot-%itb
diligence be cured within such one hundred eighty(180)day period,titer
the time ano-wed to cure such failure auv be extended for such period as
DEEVECGPMEDYT AGREE_ME+7'-SCZN'TSY-@,-�: ) PAGE#OF 9
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EXHIBITA
B. Proposed Revised Concept Site Plan(date W 11,121 2/19/202 1)
C. Proposed Elevations
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